After seeking counsel and reviewing the text of the new law we are reopening the Private Ammo Sales forum.

We are simply providing a venue to arrange for the legal buying and selling.
As always it is up to each member to make sure their sales and/or purchases are conducted in a legal manner.

Just to be clear and for those unfamiliar with the law:

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30312.

(a) (1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.

(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.

I have had recent, though limited experience with two FFLs, one willing to do the ammo transfer the other not, even if the ammo transfer was to be conducted at the same time as a firearm PPT. My take is that the "administrative fee" is not worth the time of the FFL. So always call ahead of time and save unnecessary and frustrating trips.

Is ammo vendor required for 500 rounds or less in a 30 day period? Please do not respond if you do not know. No I THINK answers, Have asked before and never got an answer.

It depends on how you read the following two sections in the PC together.

Quote:

30342. (a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.

30312. (a) (1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.

You can sell 500 rounds within a 30-day period without a license, but the sale must go through a licensed ammo vendor or an FFL01. If you sell more than that, you yourself need to get a license.

Also -- I mean this in a kind way -- the answers you get here are by their very nature "I THINK" answers. If you need a definitive answer, you'll have to talk to your lawyer or ask the DOJ directly.

Is ammo vendor required for 500 rounds or less in a 30 day period? Please do not respond if you do not know. No I THINK answers, Have asked before and never got an answer.

Yes, per the clear language of PC Sec. 30312, cited above in the initial post.

Quote:

Originally Posted by JustaBlokeAnywhere

so if I want to a do a private FTF sale of ammo (lets say over 500 rounds). I have to use a "vendor" (aka FFL?)

No. Per PC Sec. 30342, if you sell more than 500 rounds in any 30-day period, you will have to get your own valid ammunition vendor license to do it.

For reference:

Quote:

30342.
(a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.
(b) A violation of this section is a misdemeanor.

It depends on how you read the following two sections in the PC together.

You can sell 500 rounds within a 30-day period without a license, but the sale must go through a licensed ammo vendor or an FFL01. If you sell more than that, you yourself need to get a license.

Also -- I mean this in a kind way -- the answers you get here are by their very nature "I THINK" answers. If you need a definitive answer, you'll have to talk to your lawyer or ask the DOJ directly.

So, it sounds like you if you wish to sell >500 rounds in one month, you need an ammo vendor license even if you are selling to someone out-of-state. The PC doesn't seem to make any distinction about in-state vs out-of-state sales. Can anyone double-check my logic here? The way I see it, it's illegal for me to hock a 1000rd case of ammo on Gunbroker to some yokel in Tennesee?

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If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.
-Samuel Adams

I recently completed a transfer of fewer than 300 rounds via an FFL. The info recorded was: (1) (photocopy of) each party's drivers license, (2) brand names and types of ammo, and number of rounds.

One other thing: the fee was small ($5 -- set by DOJ regulations?) and I can understand why some FFLs might not be willing to do an ammo transfer. (One of the two FFLs whom I contacted refused to conduct the ammo transfer, even when done together with a DROS/PPT of a firearm.)

Quote:

Originally Posted by lone shooter

^ Correct. More specifically < 500 in 30 days. Which means if you sell 500 on Feb 19, you can't sell another 500 March 2nd. Must be 30 days between transactions.

I would be interested in hearing from anybody that has gone through a transaction via FFL. What info is recorded or documents required for either party. TIA.

So basically no more private transfers of unopened Winchester 555 .22lr.

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- Rich

Quote:

Originally Posted by dantodd

A just gov't will not be overthrown by force or violence because the people have no incentive to overthrow a just gov't. If a small minority of people attempt such an insurrection to grab power and enslave the people the RKBA of the whole is our insurance against their success.

i was just curious since an FFL03 is allowed to buy ammo directly shipped to them from out of state vendors for personnel use

Here's the section in the PC that grants LAV status to FFLs. I don't see anything about restriction to certain classes of FFL, so I suppose an FFL03 qualifies as an LAV. [Update: See Mayor McRifle's reply re: FFL03 being a collector not a dealer.]

Then again, I haven't read everything. My understanding so far is that, if you sell <500 in a 30-day period to someone considered an LAV, that's fine, since the transaction is "conducted by" an LAV who is the buyer himself. If you sell more than that, you yourself need a license to sell; that requirement is placed on the seller not the buyer. In that case, however, you can sell it to anyone since you are conducting the transaction.

Last edited by auffie.hk; 02-19-2018 at 8:44 PM..
Reason: Update noting correction by another member to stop propagation of incorrect info.

Certainly not different than having the Long Gun and Handgun sales area.
Thanks for reviving this!

__________________
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“It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds” — Samuel Adams

So between my wife and myself we have 1000rds of ammo and want to sell it to one individual. So she sell her 500 and I sell my 500 each as completely separate transactions (through an FFL) and the individual takes home a total of 1000rds of ammo he bought in two separate transactions. Got to love laws that do nothing but make honest people have to jump through hoops because we all know the bad guys will too.

Its the FTB. They want their 8% which they have been missing out on. They got this submitted under false pretenses. Safety concerns plays better than the state doing a money grab.

I can understand it on new incoming, but it was made very transparent by them placing the restriction on private sellers limited to 500 per month. Screams money grab. Ammo venders have to have a sellers license and register with the FTB.

They give a rip if 5K rounds thru vendor ends up doing bad things, as long as they get their cut. Since checks are not operational the current regs do absolutely zero to prevent crime. All it does is get them their money now.

(a) (1) Commencing January 1, 2018, the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.

(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.

(b) Commencing January 1, 2018, the sale, delivery, or transfer of ownership of ammunition by any party may only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.

(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following:

(1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual.

(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties.

(3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.

(5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.

(7) An ammunition vendor.

(8) A consultant-evaluator.

(9) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises.

(10) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.

(11) A person enrolled in the basic training academy for peace officers or any other course certified by the Commission on Peace Officer Standards and Training, an instructor of the academy or course, or a staff member of the academy or entity providing the course, who is purchasing the ammunition for the purpose of participation or use in the course.

(d) A violation of this section is a misdemeanor.

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